Justice, Criminal 4th Edition
by Jay S. Albanese Chapter 10 Origins and Organizations of the Courts
Adjudication
The structure and process by which we determine whether suspects are offenders and what should be done with them
Courts
State Courts
Courts of limited jurisdiction (municipal; family) General jurisdiction courts
(trial courts, circuit courts, district courts, superior courts)
Appellate Courts
Federal Courts
Courts of limited jurisdiction U.S. District Courts (general jurisdiction) Appellate Courts
Intermediate appellate court U.S. Courts of appeals
U.S. Supreme Court
Participants in judicial process
Prosecutors
Victims
Defense Attorney
Defendants
Judges
Juries
Prosecutors
Elected or appointed officials who represent the citizens of the community by bringing charges against an accused person
Also known as district, county, state, commonwealth, or US attorneys
Defense Attorneys
Represent legal rights of the accused in criminal proceedings Examine evidence used to establish probable cause Question whether evidence proves guild beyond a reasonable doubt
Defense Attorneys
Private
Defendant hires own attorney and pays the attorney
Assigned Counsel
Court assigns private attorney from available list
Contract Attorney Programs
Private law firms contract with county to provide defense services at reduced cost
Public Defenders
Salaried employed attorneys by government to represent indigent defendants
Victims
Victim Impact Statements
Victims Bill of Rights
Justice for All Act (2004)
Juries
History dates back to 1215 Magna Carta
Article III of US Constitution
6th amendment guarantees the right to trial by impartial jury in the US
Courtroom Work Group
Prosecution, defense counsel and judges must work cooperatively to achieve the common goal of case resolution
Includes sheriffs, clerks, stenographers, and witnesses
Specialized and Alternative Courts
Felony Drug Courts Night Court Dispute Resolution
Community Prosecution Community Courts
Drug Courts
Hold the offender personally and publicly accountable Handle only drug offenses Attempt to address underlying causes of drug offenses through treatment for addiction
Dispute Resolution
Most effective with first time and minor offenders Three Incentives, benefiting the interest of justice served for all:
Quicker resolution Less expensive process for all Settlements are more often mutually agreeable to both parties
Community Prosecution
Assistant District Attorneys are assigned to specific neighborhoods
Allows for more effective response to crimes that erode quality of neighborhood life
Community Court
Decentralized courts that respond directly to neighborhood crime Citizen volunteers Teen Courts School outreach programs